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traveling to usa with criminal record??
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me and my family our thinkg about going to usa september 2009 and i was wondering about traveling to usa with criminal record it was only a cautions (me father) he recieved it in april 2004. does anyone know answer to thes question to these:
can you still go with a cautions?
is so do you need to do anythink before traveling?
has any had any type of experience with criminal records goin the us?
One of my closest friends has been to the U.S.A. several times with a caution and even got a work permit, but I know that the caution had definately expired.
So, I think you need to find out if the cautions you're refering to have truely expired.
If someone has a conviction for drugs or sex offences they wouldn't stand a chance in hell, that's why there were protests when Tyson visited the U.K. as he had a well publicised sex offence conviction.
Not sure about this. Officially, as I read it, anyone that has been arrested irrespective of circumstance is supposed to apply for a visa as the don't qualify for the Visa Waiver Programme like most tourists.
But in saying that my brother spent sometime working in the US last year and he was cautioned a few years back for a minor assault, which I would have thought would still be on his record as it was within 5 years. That required a working visa though. If only going for a couple of weeks I don't know how US Immigration might have access to this information that quickly.
surely there is a big difference between a caution and a conviction,
and surely you only have a criminal record if you have been found guilty of something. and furthermore i think that even if you have been found guilty of a criminal offence (obviously with some exceptions) under the 'rehabilation of offenders the convictionis spent.
Your father does not have a criminal record - full stop
coo ee
Remember - No one can make you feel inferior without your consent
I know plenty of people with cautions that have been to the States (that doesn't sound too good?!?!) with no problems at all. I only know of (don't know them personally) one person that has been turned back.
However, I do wonder whether the new advanced passenger information thingy will cause a problem for this kind of situation?
Maybe some women aren't meant to be tamed. Maybe they just need to run free until they find someone just as wild to run with them.
surely there is a big difference between a caution and a conviction,
and surely you only have a criminal record if you have been found guilty of something. and furthermore i think that even if you have been found guilty of a criminal offence (obviously with some exceptions) under the 'rehabilation of offenders the convictionis spent.
Your father does not have a criminal record - full stop
Pretty much everything in this post is wrong!
Maybe some women aren't meant to be tamed. Maybe they just need to run free until they find someone just as wild to run with them.
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surely there is a big difference between a caution and a conviction,
and surely you only have a criminal record if you have been found guilty of something. and furthermore i think that even if you have been found guilty of a criminal offence (obviously with some exceptions) under the 'rehabilation of offenders the convictionis spent.
Your father does not have a criminal record - full stop
As far as USA entry is concerned, you are 100% wrong.
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One of my closest friends has been to the U.S.A. several times with a caution and even got a work permit, but I know that the caution had definately expired.
So, I think you need to find out if the cautions you're refering to have truely expired.
If someone has a conviction for drugs or sex offences they wouldn't stand a chance in hell, that's why there were protests when Tyson visited the U.K. as he had a well publicised sex offence conviction.
it was for breaking a chair!!! in a football ground
it was for breaking a chair!!! in a football ground
One of my criminal type friends (not really a criminal, he's bank manager normally!) has a conviction for invading the pitch (can't remember what the exact charge was). He was fine x
Maybe some women aren't meant to be tamed. Maybe they just need to run free until they find someone just as wild to run with them.
One of my criminal type friends (not really a criminal, he's bank manager normally!) has a conviction for invading the pitch (can't remember what the exact charge was). He was fine x
I'm sorry but that made me laugh.
It's almost as bad as my ex who was fined for rearranging the letters of a film title on the front of the local cinema(to spell something rude). He was actually fined for being in possession of a letter 'T' and a letter 'G'. Even the magistrate laughed.
EDIT: Thinking about it, he actually got into America after being fined.
Shows what can happen when you're just too good at solving the conundrums on Countdown. Bad influence that Carol Vorderman!
Last edited by Blue264; 01-08-2008 at 10:42 PM..
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I've just checked and it appears cautions now remain on the Police National Computer (PNC) until a person reaches 100 years old, but if not that serious only the Police can still view after 5 years.
April 2004, can't see a problrem. I was just wondering if asked specifically if you have ever received a caution might have to declare it
I'm sorry but that made me laugh.
It's almost as bad as my ex who was fined for rearranging the letters of a film title on the front of the local cinema(to spell soemthing rude). He was actually fined for being in possession of a letter 'T' and a letter 'G'. Even the magistrate laughed.
Fantastic - although if they prosecuted for that here most of the Friday night drinkers would have been in trouble by now - the latest says:
YOUR A MINGER 7PM
I had nothing to do with that one - I would not have allowed the grammatical mistake!
Maybe some women aren't meant to be tamed. Maybe they just need to run free until they find someone just as wild to run with them.
i have no knowledge of usa law so by robert i stand corrected. as far as dmg24 's comment do you want to elaborate? as to where and why i am pretty much 100 percent wrong
coo ee
Remember - No one can make you feel inferior without your consent
I've just checked and it appears cautions now remain on the Police National Computer (PNC) until a person reaches 100 years old, but if not that serious only the Police can still view after 5 years.
April 2004, can't see a problrem. I was just wondering if asked specifically if you have ever received a caution might have to declare it
You are specifically asked about cautions, but only for particular types of crime. If you do declare one, for that type of crime, you will be sent home with no further enquiry or right of appeal.
surely there is a big difference between a caution and a conviction,
and surely you only have a criminal record if you have been found guilty of something. and furthermore i think that even if you have been found guilty of a criminal offence (obviously with some exceptions) under the 'rehabilation of offenders the convictionis spent.
Your father does not have a criminal record - full stop
For a caution you are admitting guilt. A caution is noted on your criminal record. The Rehab of Offenders legislation is not applicable to the US, and therefore no convictions are considered spent.
In the eyes of the US, the OP's father does have a criminal record - full stop.
Maybe some women aren't meant to be tamed. Maybe they just need to run free until they find someone just as wild to run with them.
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thanks for that. like i say i know nothing of usa law bt i still maintain that if you have not been tried and convicted in british law you do not have a criminal record am i right or wrong, im quite happy to learn something new everyday as long as i'm being taught by someone who knows what they're talking about.
you say 'in the eyes of the usa he does have a criminal record' so are you agreeing that in the eyse of british law he does not?
coo ee
Remember - No one can make you feel inferior without your consent
i have no knowledge of usa law so by robert i stand corrected. as far as dmg24 's comment do you want to elaborate? as to where and why i am pretty much 100 percent wrong
By definition, I would guess that *pretty much 100%* would be most of it
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thanks for that. like i say i know nothing of usa law bt i still maintain that if you have not been tried and convicted in british law you do not have a criminal record am i right or wrong, im quite happy to learn something new everyday as long as i'm being taught by someone who knows what they're talking about.
A caution is not a conviction, but it will go on your criminal record.
(I have a Law degree, studied Criminal a few years ago now, but remember the basics!)
Maybe some women aren't meant to be tamed. Maybe they just need to run free until they find someone just as wild to run with them.
thanks for that. like i say i know nothing of usa law bt i still maintain that if you have not been tried and convicted in british law you do not have a criminal record am i right or wrong, im quite happy to learn something new everyday as long as i'm being taught by someone who knows what they're talking about.
you say 'in the eyes of the usa he does have a criminal record' so are you agreeing that in the eyse of british law he does not?
Cautions and conditional discharges remain on your record and can be brought up by a court if you are tried for a new offence before they are considered to be spent in the eyes of British law. This is so that the prosecution can use previous offences as evidence of a retained and repeated type of behaviour.
U.S. law is totally different to British law in many, many ways.
These differences have only been heightened by their 'Homeland Security' policy.
Also, many states operate a 'three strikes and you're out' policy. I would avoid those states as a point of entry.
The offence being refered to by the initial poster would probably be described as criminal damage.
U.S. Immigration would not have access to the details of the caution and so be able to judge the severity of the offence as it is quite a blanket term. Thus, the severity of the offence is totally up to their discrimination on the day. It can even vary between different points of entry into the U.S.
My inclination is to take the precaution of visiting the local police station and asking their opinion or a local branch of C.A.B. If they can't offer conclusive advise, I would send a letter / email to the American Embassy over here or British Consulate in the area where the visit is to take place.
The main advice is to take the stress away by doing the research and groundwork now.
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Pls be nice to all MoneySavers. There's no such thing as a stupid question, and even if you disagree courtesy helps. Take care over copyright. Use excerpts and links rather than copying long text. This site asserts copyright on all comments posted on the board.
Pls be nice to all MoneySavers. There's no such thing as a stupid question, and even if you disagree courtesy helps.
traveling to usa with criminal record??
coo ee
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